american people will not see this, they will only see him sign up if it is successful. let's see if santa has that in mind. we will see you later. goodbye, everybody. jenna: we begin with a fox news alert going to the white house. we are awaiting the president's comments on obamacare. what will he say today as he in administration launches a new pr blitz touting the benefits of the affordable care act. more on that story moments from now. and right now, the top headlines, brand-new stories you will see here first. he won new concerns of conspirator systems on passenger planes. long considered historically low accident rates, but could automation be putting passengers in danger? plus, guns that are undetectable and you can make them yourself.

a ban against this kind of thing set to expire days from now. and a key hearing ahead of the jodi arias retrial and the social media role. it is all happening now. ♪ jon: and back to our top story on this tuesday, waiting a statement from the president about obamacare just days after the white house says it met a goal to fix the major bug plaguing that website. good morning to you, i am jon scott. jenna: i am jenna lee. hope you're off to a good day so far. in a couple of hours the president will pic kick off a nr campaign. promoting the benefits of his signature health care law. ed henry is there at the white house with more on this. >> good to see you.

republicans say they have found probably a dozen times or so over the last few years with her there has been this big pr blitz down toward his staff, when the sales pitch is there coming american public is not buying it, going to be well again and again, defend the controversial law. i do not have an alternative, if they wanted to repeal the president's health care law, they would not have anything that would deal with the millions of people who don't have insurance right now. also pushing back by noting about a million people visiting healthcare.gov, they did not have any major crashes, there were issues of people waiting and whatnot, they are now turning the corner, but republicans are now saying there is too much focus on fixing the website, not enough on the substance of dealing with canceled policies and the like. take a listen. >> they are married for this

political time when politics is mired in the website alone what you think of when it gets working. i think that is a serious mistake. no business would do this. >> the endgame is the most effective website that we can build, but a system by which all those millions of americans who are clearly interested in enrolling and purchasing quality affordable health insurance are able to do so. >> and that is what we expect dick picture from the president after 2:00 p.m. eastern today at the white house when he makes these remarks is to get beyond the problems with the website which have been so negative trying to tout the actual benefit of the law. officials suggesting the pr blitz will go every day from now until the end of the year through the holidays, et cetera, that makes you wonder how much room is left for the presidents to tout immigration reform or the second term agenda.

jenna: it'll be interesting to see what the president has to say in a few hours we had thank you. jon: although the white house says the major buzz in the healthcare.gov website are now fixed, more than 1 million users able to visit the site yesterday. there are still some problems with it. enrollment errors for a third of people signed up for health plans since october 1. joining us now, writer at the washington deacon. the white house says healthcare.gov is working now. is that actual? >> we do not have enough information to make that determination. they put out this progress report this weekend and if you look at it, all it dealt with was how quickly people able to enroll. they didn't address things people have called back end issues like the 834 transmission, information you are passing along to insurance. i would say the report is there

is not enough evidence or data to determine if it is fixed. if you are not going to put out a progress report, you cannot make that conclusion the website is fixed because we are missing half of the information. jon: people should get used to those digits the end tell us what that is and what the problems are. >> it is an electronic platform of the information you submit on healthcare.gov. they send it to insurance companies, and the problem is you have insurance reporting since back in october they are getting faulty forms. they get duplicates where it says your child is a spouse or things like that, incorrect information or even what they call orphan reports not showing up. they don't have the information to enroll people and health plans or they're having difficulty doing it because information is inaccurate.

jon: so the president, we're getting ready to hear from him, he has the biggest megaphone in the world. we understand the white house is going to come out today starting with the president, they will come out every day for the next three weeks and be screaming to the high heavens about all the great things obamacare can do for america. it is basically a three-week long dog and pony show. >> to have a short period of time to switch the end have until december 23 to change the public's perception of it. but they are sort of doing what we saw them do last time, coming out and saying the website may not be working well but it is more than a website. the issue of people didn't respond well last time is because they hadn't addressed the problem initially and then sort of in the same thing here because they don't have enough information or actual data on those 834th to spend before they correct the problem. jon: they will be touting the fact young people can stay on their parents insurance policy

ountil they are 26 years old. you could have done that with a simple law passed congress without changing the entire health care system. >> the interesting thing is the crucial people the need to enroll a are the young people between 18-34. but they have cut that in half. good for some people but causes problem for themselves. jon: if they had moved forward without fixing the website, which they have not gotten these 834 packets to the insurers, there could be a lot of people who think that signed up for obamacare going to the doctor's office january, february, march finding out they are not covered because the insurance company did not get the information. >> and that would be a huge problem. saying we fixed the main bog that was the problem, now 80% working. the problem is they did not get the error briefed, so 80% of what, we don't know. also, the program that is set up

they will be using computer data program where they compare the enrollment information i have gotten from healthcare.gov. it hasn't started, it will not be made until december. what they are working with right now is information is shared with five insurers so far. jon:'s a lot of details in which the devil could be hiding. >> a lo little preemptive to say the health care website is fixed. jon: from the washington freebie can. thank you pxp to one thing the president has said in the past is his promise of people like their insurance plan, they can keep them no matter what. millions have learned that was not necessarily the case. the president made a new promise, that is where we begin with our chief correspondent. >> hello, jenna. to deflect the criticism for having made that false promise

people can keep their plans and doctors the matter what, the president offered a new promise. take a listen. president obama: most people will be able to buy better plans for the same price or even cheaper than what they've got before. >> that's not inaccurate argument. so if your plan is covering a bunch of things you don't need, how is a better plan for you? >> there is no real evidence for that. and you can do the math. most of the policies and that claim could spend more, cover more things, provide more visits and charge less. insurance company only does that even has a whole bunch of cash lying around. no sign of expert and a profit that that to happen. >> the promise that most people would be better off is sharply disputed by many including a number of individuals experiencing sticker shock even those who had pre-existing conditions. listen. $891 per month to

$1437 per month. and also, my deductibles all doubled. >> now analysts also argued those whose policies are canceled will be covered, but not at lower prices. the new obamacare plan typically has higher deductibles than the old plans did, narrower choice of doctors and hospitals and also higher premiums. more recently the president himself recognized his first statement might have been a little broad, so he softened his pledge that most would get better coverage at lower prices. listen. president obama: because there is a good chance they can buy better insurance at lower cost. >> "a good chance." one insurance company who did not want to be identified went through pool of customers and found even after subsidies, jenna, only 10% would see a decrease in cost while one third

would face a significant rate increase as a result of obamacare. jenna. jenna: interesting questions about those subsidies as well later on in this program. thank you so much. >> you bet. jon: an incredible rescue efforts to tell you about more than 60 feet underground. you will never believe what these men were doing when they got trapped. any federal laws about to expire that could put undetectable guns back on the streets. now the clock is ticking. lawmakers say they want to prevent it.

jon: breaking news and stories we are watching around the world. a pair of gray bratwurst to make a mac grave robbers get more than they were expecting

rescuers had to pull them out through a crack on top of the cave. five people arrested. and mount etna erupts dropping ash on towels in italy. this is a 19th time it has erupted this year. a beautiful dress at once belonged to princess diana is to be auctioned off today. the premiere of james bond film expected to go for as much as $130,000. jenna: hopefully we can get video of that later on. new concerns of high tech weapons that can't be found by metal detectors. an example of these guns made with a 3d printer. there is a law banning them, but it is about to expire. she's intelligent correspond or from washington on this story.

>> the atf is taking aggressive aggression a maprogression becat is a real threat. it will be illegal to make plastic guns. the atf says a lot needs to stay that way. >> atf sees undetectable firearms as public safety risks. if this is not reauthorized, individuals can carry around undetectable firearms into areas with x-ray machines and it is not against the law. >> one lawmaker says they have to keep up with technology because where it stands right now if you have access to a 3d printer and you can download files from the web, you can make one of these plastic guns and it is available to almost anyone. >> the lock is up with technology.

we have 3d printers that can make plastic guns. i have nothing against 3d printers. but i do have something against making terrorists and criminals to get those guns more accessible. >> will begin 90 minutes from now. jenna: it is understandable the argument against making these weapons legal, is in opposition, where does that come from? >> there is no opposition, the question is what should this legislation look like in 2013. if it renews as it is, it is meeting the class weapons are made there is a metal piece inserted into them but could be easily removed. some are advocating for change in the legislation making the metal part an integral part of the firing mechanism so once it is out of the weapon, it cannot be fired as a traditional weapon in that sense. so the metal part is not just cosmetics, it would have a

functional course which allows the authorities to detect it going into a sports venue. jon: the world has changed. a key hearing in the retrial of jodi arias. with social media set to play a huge role here. what the defense wants from potential jurors in the case. we are live to update you on that story. also, high-tech planes create a new challenge for pilots even though computer systems on board are supposed to keep us safer while we fly. it may be having an opposite effect in some cases. more about that coming up.

jenna: new developments in the retrial of convicted murderer jodi arias. social media playing a big role in a hearing today. live with the latest on this. >> jodi arias you will recall was sentenced in may for the gruesome murder of her boyfriend travis alexander in his home in the phoenix suburb. but the jury could not agree on a sentence to a second penalty phase was ordered with a new jury you have to be chosen. prosecutors want the death penalty. the defense is already trying to sequester the jury. banning updates from the courtroom. but it raises new legal ground. the defense wants permission to ask prospective jurors for the usernames on the twitter feeds. they want to know if jurors have

tweeted about jodi arias in the past. one court expert says it is not a big invasion of privacy. >> is your twitter name matter of public record, anybody who knows it can get it and join whether you want them to or not. so in that respect why not give it to them? >> type in twitter.com and the persons username, up it pops unless they have set it to private. if you don't know their handle you can sometimes guess it, but either way a lawyer has a right to demand the username from a private citizen. prosecutors say no, that issues being debated at today's hearing. no date has been set for the sentencing retrial as pretrial like this one continues. jenna: we will continue to watch this. thank you. jon: autopilot under scrutiny on a hearing involving deadly crash.

the plane was flying too low and too slow wit was trying to land at san francisco international airport last summer. now new concerns the pilot may have been too reliant on computer systems that do most of the flying making them take control when something went wrong. joining us now, former faa director of accident investigations, good thing or that thing, stephen? >> automation has been a boom to safety overall. but certainly to very legitimate concerns being discussed right now. automation requires pilots receive a whole new kind of training, they're competent in the use of the automation and the second is they become overly reliant on it and lose asic flying skills. jon: and i was learning how to

fly a little single engine cessna, first fly the airplane. sometimes pilots are forgetting that? >> that is absolutely right. that is absolutely the first rule. as a pilot you will know if an airplane is the correct place at a correct speed everything is probably fine. it was very much about flying fundamentals. it was being handblown for proficiency on a beautiful day but it just got too slow. jon: you need airspeed to stay in the air, they did not have enough airspeed to keep the triple seven flying to the runway. the other is the air france crash. flying on autopilot, the autopilot disengaged and the pilots did not know what was wrong with the airplane. >> right. the first three accidents back

in the late '80s, apostate 90s involved the automations. it was the pilot clear on what mode the autopilot was in and how to use it and how it works. i would point out on the good side of automation a lot of things the airplane and cockpit that track human errors before they become catastrophic. things like warning systems and collision avoidance systems, the automation basically starts talking to the pilot. jon: is it a problem of primarily with foreign carriers or do you see it among us-based aircrews as well? >> i think you're kind of touching a what might be a very important cultural issue that will be looked at, in some cultures there is in addition to perhaps a focus on overuse of automation, there is a question

of authority which certainly would be well aired out by the ntsb. >>jon: the fact the plan said together as well as it did given the horrific nature of snapping the tail off, that is a testament to the strength of that particular plan. if the cockpit crew could manage to do as good of job as the airplane did, we would not have seen even a few deaths we did. >> i would agree with that. the world aviation industry have made many improvements to improve the survival ability. rapid deploying wind and heat resistant, we have seen accidents. we have the toronto accident and

his accident with high survivability. jon: thank you for sharing your expertise today. jenna: from one accident to another, ntsb releases new the deadly train derailment. for the engineer told investigators he was doing just before this fatal crash. also, new concerns of a chemical found in items we all use each and every day. medical condition that can be linked to bpa. we will tell you about that, next. across america people are taking charge

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jenna: right now a look what's still to come a little later on "happening now." new dangers are revolving around some commonly used items like your water bottles, for instance. it's a link between a key chemical and migraine headaches. we'll take a closer look at that. surveillance video from a restaurant robbery may help police find the killer of a 10-year-old boy and a deadly shark attack at a popular vacation spot. jon: new information on the deadly train derailment in new york city over the weekend. national transportation safety board says that train was heading into a steep curve at almost three times the speed limit when it careened off the tracks killing four people. the engineer reportedly told investigators he fell asleep right before the crash. our rick is on the scene in the bronx. what's the latest, rick? >> jon, the ntsb is confirming the train was going 82 miles an

hour into a 30-mile-per-hour curve but is not confirming these multiple reports that the engineer may have told investigators that he zoned out or even dozed off for a few moments and woke up too late to stop that speeding train. now, according to the "new york post," the engineer who left the scene on a stretcher sunday, told investigators that he zoned out just before the fatal accident. reuters is reporting that the en dpineer told investigators he, quote, lost focus and realized too late that he was going too fast and forelocal news outfet reported that the engineer all but admitted he was falling asleep as the train approached the curve. ntsb says the train was speeding and the brakes were not applied until six seconds before the crash. >> at this point in the investigation, we don't know what the initiating event was for either going to idle or the brake pressure dropping to zero. our investigators will be

carefully reviewing all of the data to determine the functioning of the brakes throughout the trip and to determine why the throttle went to zero, brake pressure went to zero. >> the ntsb may hold another press briefing this afternoon. we're waiting for word on that. jon: and there are other agencies besides the ntsb investigating this crash, right? >> right. well, the bronx d.a.'s office tells us that it is actively involved. it's monitoring the ntsb investigation and also working with the nypd and with metro north. there are multiple reports this morning that detectives from the metropolitan transit authority and the nypd are conducting a parallel investigation since the ntsb is not a law enforcement agency, it collects facts and makes recommendations. d.a.'s office would need to determine if any crime was committed. reporters issued subpoenas for blod samples and his cell phone. engineer is reportedly cooperating with investigators.

he was questioned yesterday and will reportedly be questioned again today. jon: what a sad story just all the way around. rick, thanks very much. next hour we're going to have a guest on who says there are safety mechanisms that can stop a speeding train. we'll talk about whether any of them might have prevented this tragedy. jenna: the doctor is in. researchers are finding new reasons to be concerned about the chemical bpa now linked to migraine headaches. we'll talk about that link and how strong it is in just a moment. this is the latest in a string of medical concerns tied to the chemical. we've done a few segment on the show over the last several weeks. bpa can be found in a wide variety of products we use every day from water bottles to cosmetics. nancy is the senior author of this particular study that looked at bpa's impact on migraines and that's where we should start, nancy.

tell us what you found on your study. >> so we were interested in finding whether bpa acts like he is row again in migraine. migraine is female predominant and estrogen is involved in causing headaches so we studied rats where we gave them bpa and compared them to rats who didn't have bpa and tested them for headache-like behaviors. and we found that the bpa rats were -- had much worse headaches. they a individualed -- avoided light, they avoided sound, and we also did some studies on pain related molecular pathways and all of those were increased in the rats that had bpa. jenna: if i could, because it's very interesting. can you explain that connection between bpa that we find in every day products and estrogen levels? >> so bpa is called an

environmental estrogen. it's been known since the 1930's that it can activate the same receptors in our body that estrogen activates. so it acts like estrogen and of course, it depends on the dose and no one knows what the real safe dose is and no one knows anything about potential effects of environmental estrogens, including bpa and disorders like migraine. jenna: i'm sorry to interrupt. it's so interesting. there's folks that say bpa is an issue, that you should avoid it in your daily diet and those that say, really, we don't get a high enough dose of the bpa chemical in our diets and it would not have the same effect. what's your opinion on that? >> that is research we need to do. we don't b what the dose is and until our study, no one knew it might have an effect on migraine. they've only been interested in disorders that might cause death

or might cause serious deformities, not things that might be more subtle and more difficult to study. so it's also possible that some women, especially, might be especially sensitive to it so it might be that the dose that causes something like a headache isn't the same in everyone. so it's not necessarily true that what is a safe dose for one person would be for someone else, maybe someone who has migraines. jenna: we're showing products on the screen that are bpa-free. when you expose the rats to bpa, how did you do it? there's some disagreement about whether or not you get a dose, if you will, of bpa if your plastic water bottle is sitting in the car. supposedly that's a way that you could really get the chemical into your system versus, let's say, just a plastic container that you have in your house. i'm just curious about how the rats were exposed and how then you'll test humans. >> so in this first study we just gave it by injection.

but, you know, it's a complicated thing. you have to realize that bpa isn't the only environmental estrogen. you might have something that's plastic that's bpa-free but some of these replacements for bpa are alsoe estrogen-like compounds. so even though you have a water bottle that's bpa-free, that doesn't necessarily mean it doesn't have an estrogen effect. you have to be careful about our compounds, too. jenna: i'm just really curious because i know you studied this. in your personal life, do you watch your plastic water bottles and how you buy your groceries? how do you apply this to your every day life? >> yeah. well, i'm not a person who has migraine. i'm just studying because i'm interested in it. in my personal life, i try to avoid plastics when possible. one of the biggest bpa containing items, though, really is canned foods. you don't think about it. they have a plastic lining and

people who work as cashiers, the receipts they handle have bpa in them. so there are ways to get exposed to it that you might not think of. plastic bottles may not be the worse one but they have a different compound in them that acts like an estrogen. jenna: one of the things that i know you've noted as well and we'll have to leave the conversation here is that if you do try to avoid plastic, it's something you might be concerned about and eat a really healthy, natural diet, you're able to get some of these chemicals out of your system fairly quickly so it's something that maybe our viewers might take into consideration. we look forward to catching up with you as you continue your studies. thank you so much. >> thank you. jon: police releasing surveillance video of a restaurant robbery. why they say it could help them track the killer of a 10-year-old boy. plus a big ruling on a bankruptcy of a major american city. the judge's decision regarding detroit next.

jenna: new next hour a hearing

today in a new legal challenge to obamacare. the plaintiffs are accusing the i.r.s. of using the law to make a power grab, essentially, and are legally trying to take extra cash from small businesses. it's an interesting, complicated case. also a new medical study on those popular energy drinks. what has some doctors very concerned about your heart. and a kind soul trying to make people happy this holiday season. what we know about the mystery tipper leaving huge tips all around the country. jon: surveillance video from a restaurant robbery might help nab a child killer in miami. video shows a man already charged with murdering aaron vu. the 10-year-old boy was killed in a nail salon shooting but there was also a second person with the killer. face was covered with a red shirt at the nail salon and in the video of the restaurant robbery, the second man is wearing a mask. police are not sure it's the same person.

they're hoping that the public can help with his identity. anyone with any information is asked to call miami dade crime stoppers. 305-471-tips. jenna: big story and this just in, a judge making a key ruling in detroit's bankruptcy filing. mike tobin is live in detroit with this. mike? >> well, the ruling is that this historic chapter nine bankruptcy filing can move forward. also what -- the opinion that was handed down from judge roach, something here that these people behind me here do not want to hear. that's the pensions will not receive a special protection from the court or in this ruling and that means retirement for some 23,000 plus city employees now hangs in the balance. >> not only is it illegal but it's im moral. this is a moral issue that we're dealing with. it is wrong for you to take

somebody's pension that has given their lives, that have sacrificed 30 years. >> now, this does not mean that the pensioners immediately get stiffed. it's just as this plan of adjustment moves forward, there's no greater obligation to the pensioners than for any other city contract so the pensioners are subject to reduction and change. also in the ruling, judge roach determined that they of detroit did not bargain in good faith which is a key element to this ruling. however, essentially what he ruled was that there was no practical way to do so. so this historical bankruptcy moves forward as detroit tries to dig itself out from $18 billion in debt. jenna: i see where the story goes from here, mike. thank you. jon: we're following more news this hour. another shark attack to tell you about in hawaii. this time it was deadly. we'll tell you what happened there. plus president obama set to speak about the health care law from the white house. this as new questions emerge

over the website. how some folks who thought they signed up for insurance might not be covered at all. drft mark segal is with us after the break. what does that first spoonful taste like? ok. honey bunches of oats. ching! mmmm! mmmm! mmmm! wow! it's the oats. honey. yeah. honey bunches of oats. this is a great cereal.

jon: a deadly shark attack in hawaii to tell you about. it happened three miles off shore of maui. the victim was fishing from a kayak when that shark approached. patti ann browne live in the new york news room with more. >> patrick briney of washington state was fishing from a kayak off the coast of maui yesterday morning. he was dangling his foot in the water while also dangling artificial lures to attract a fish. a shark bit off his foot,

leaving him bleeding severely. his friend put a tourniquet around his calf and flagged down a nearby dive boat while trying to tow his friend toward it. >> he was tethered toward a kayak and as he got closer, there was a body laying flat out in the kayak and the body had a very odd tint to it and i think we all realized that there was something wrong. >> the charter boat carried both kayakers to shore but the 57-year-old was dead by the time they reached the hospital. it's the 13th shark attack in year and the eighth one off maui. just this august, a 20-year-old german tourist was killed by a shark off hawaii. it's popular with divers and snorkelers. state's department of land and natural resources says shark bites are recurring more frequently than in the past, especially around maui.

the department is in the midst of a two-year study to determine why. jon: thanks. jenna: back to the new health care law, people signing up on the obamacare website thinking they got insurance and then later finding out that they're not covered. that's the scenario that is coming out, that's being described really in depth over the last few days. one of the problems that's plaguing the website. robert gibbs admitting this is an issue. >> i think the pressure now will be on the administration to be more forthcoming about what's happening on the back end and whether insurance companies are getting the information. jenna: joining us is dr. mark segal to explain a little bit about this. we hear about the front end issues and the back end issues as it's being described and this is the back end, right? you think you've signed up for insurance but the insurance company may have no record of it. how does that even happen? >> you know, when you get to the back end, that's my end.

i heard julie pace say on special report yesterday, the worry is you get to the doctor's office. that's me. you finally got through the website glitches, which i've been watching with interest. you finally get signed up, go there and my office manager tells you, you're not enrolled. jenna: you must have played out that scenario in your mind. what will you do? >> a lot of times i have a patient before the website glitches and my office manager says to me they're not quite enrolled or it's not showing active. what do i do? see the patient for free? ask them to pay up front? the point here is we're adding another layer of bureaucracy. that's one thing the government hasn't been honest about. it's not just we're going to make it easier for you but every time you add another layer of bureaucracy, there's an inter face between that website and an insurance company. that's an extra layer that didn't exist before. before you called up an insurance broker and signed up and once you were signed up, your numbers worked and then it was up to my office manager to plug them in properly. now it's up to the government

who already showed a problem with this website to get the information from the website properly to the insurance company. jenna: as a doctor, if one of our viewers find themselves in this scenario or is concerned about this, what can they do? save so they can pay up front? what do you do just as a security in case maybe your insurance company didn't get the memo? >> i'm going to ask viewers out there, how much are you going to rely on your doctor's altruism? one third of americans already can't get access to actual health care because of insurance glitches. i'm one who doesn't think that more insurance automatically means more health care. you have the insurance but you may not get the care you're expecting and then when we're talking lately about changing your plan, being forced to change your plan, your doctor may back out. doctors are not jumping up saying they're going to accept this obamacare insurance and the networks are shrinking so a lot of doctors i'm used to referring

to aren't even signing up for obamacare. patti an jenna: part of this is to make things more electronic. we knew that from the beginning. if the website glitches are fixed, will that make it easier for a doctor to communicate with the insurance companies or vice versa? >> that is an excellent question and let me tell you my answer to that. right now doctors, including myself, are still struggling with transitioning to electronic health records. we've been compelled to do that so we're still doing that. if you were in my office, you would see a pile of paper charts that i'm in the middle of transitioning to the computer. you want to put on top of me this issue of the government website also transitioning to computer? yes. maybe 10 or 15 years down the line. it's going to be better that we're all computerized. but in the meantime, tremendous struggles are going on in every doctor's office across country. we're being paid less and asked to do more. jenna: thank you very much. always nice to see you. >> great to see you. jon: maybe the president will have an answer for all of that

when we hear from him later. all right. >> i doubt it. jon: angry business owners taking on the i.r.s. a hearing today over the agency's role in obamacare and whether it is over stepping its bounds. plus researchers find new information about what energy drinks can do to your body. why some doctors are so concerned.

>> jenna: developments to the top stories and breaking news this hour. jon: president obama trying to resell obamacare 2.0 to the american public. this after the self imposed fix deadline. but more lawsuits are trying to stop it before it gains speed. also disturbing developments after that deadly train derailment in new york city. we'll tell you what the ntsb is

saying now. and a tip on a group of people giving generously in the name of religion to those who wait on us every day. these stories and much more all "happening now." well, right now on capitol hill, a house hearing on obamacare. welcome to a brand new hour of "happening now." jenna: and the chairman of the house committee saying that the president has developed a dangerous expansion of power and making up the law as he goes along to get what he wants when he wants it. >> from obamacare to immigration, the current administration is picking and choosing which laws to enforcement the president cannot refuse to enforce a law simply because he dislikes it. >> the administration's decision

to defer action against particular individuals is neither unusual nor unconstitutional. jenna: two sides of the story there. we have more on this story. there certainly are a lot of compliks at play but today's first witness is warning this issue is not just about politics right now. what did they have to say? >> that's right. constitutional law professor argued today this is not a, quote, turf fight between politicians. he claims that congress and the country should be wary of too much power being consolidated in one branch of government. in this case, the executive branch. >> if a president can unilaterally change the meaning of laws in substantial ways or refuse to enforce them, it takes off line that very thing that stabilizes our system. i believe that members will loathe the day that they allow that to happen. this will not be our last

president. there will be more presidents who will claim the same authority. >> mainly they were talking about obamacare there. earlier in the hearing, the republican chairman asked the democrats if they would be okay with these types of presidential decisions in the future. say if a republican president repealed or delayed environmental or labor laws or enacted controversial tax cuts outside of congress. jenna: what was the argue against the president overarching or alleged overarching on obamacare? >> we had simon lazareth on the stand today and he said the president delaying the employer mandate, he called that a routine, quote, course correction in implementing a new law and opponents of the law are, quote, hyper ventilating over a temporary delay. >> this and other subsequently announced delays related to the

a.c.a. do not constitute refusals for the a.c.a. at all. they are merely phasing in adjustments designed to ensure effective implementation of the overall statute in accordance with the purposes. >> the ranking democrat finds it, quote, very interesting that republicans who strongly oppose obamacare are now so determined to make sure this law is followed and implemented on time. jenna: molly live in washington. thank you. jon: fox news alert now. we're waiting the start of a new push to change the tone on obamacare. the president is about to hold the first in a series of events today to tout benefits of his signature health care law. this after the white house spent weeks on the defense scrambling to fix the obamacare website. the government of health and human services reporting a successful day yesterday with more than a million visitors to the site.

however, fox news peter doocy captured in image of the site yesterday, a major error screen after he tried the very first step in the enrollment process. what does all of that say? senior editor and washington columnist for "fortune" and a fox news contributor. we have obamacare 2.0, if you will. the president is trying a major relaunch of his signature achievement. can it work? >> well, it's very funny, jon, another week, another relaunch, another marketing campaign. we've seen this movie before, haven't we? the problem is that the president, when he on these marketing campaigns, he tends to treat the health care law as if he's in a presidential campaign, as if it's a talking point in a presidential campaign so he goes out and blames republicans for wanting to undermine it and wanting to sink it when there are, in fact, serious problems with the health care law and with its

implementation that continues to keep coming. every day we learn something new that troubles us so selling this to the american people is not just about attacking republicans, for example. jon: and talking about campaign style events, we've already been told that when he does step up to the podium at the white house today, he's going to be flanked by all of those people that the white house says has been supported or has been helped by obamacare. it's another one of these i'm going to introduce you to this person who couldn't get insurance before and they have it now. it's easy to find some of those success stories but he could also be flanked by people who have had their health care plans destroyed by obamacare, couldn't he? >> sure. there are millions of people who have lost their health insurance because of obamacare and he's now talking about subsidizing insurance companies to enable those people to keep their insurance plans for another year. there's all sorts of other

problems. you get beyond the website, there's the problem of once you go to all the trouble of filling out an application, there's problems with getting it in order and without error to the insurance companies. so that section of the website isn't even completed and isn't even secure. and then the other problem is, you put your personal information in there and now we're learning that hackers have a good chance of getting at your personal information. there's all sorts of fear factors that he has to get over, that doesn't have anything to do with whether republicans are attacking the law. these are realities that people are facing when they go to sign up. jon: eventually, and many, you know, have made this point, eventually the website is going to get fixed. you throw enough money and enough tech people at it, they're going to be able to fix the website but then you still have the problems with obamacare or with the implementation of the actual program. they're going to be touting new benefits every day for the next three weeks leading up to that

december 23 enrollment deadline. but if the website -- i mean, they're saying that it's fixed but if it still has problems, you're trying to sell people a damaged car, aren't you? >> that's right, jon. even beyond the website, there are cases where people are going to be paying higher premiums because of all the standards that obamacare has set out. people don't necessarily want that level of coverage. and then there's issues, for example, people who are very sick. say you have cancer, you have a chronically ill child and you've been relying on specific hospitals or specific doctors. under obamacare, if you go under obamacare, that might not be covered in the policies because it's, quote, too expensive. people aren't necessarily going to be able to keep the kind of coverage they want and need, he is federal physical they're sick. jon: i'm told there are a lot of nervous democrats in that city where you are that have to run next year.

is this white house p.r. campaign touting the benefits of obamacare, is this a response to their concern? >> i'm sure at least in part. obviously they have to get more people in the system. they've turned off people from even signing up so part is getting people in this system, getting young, healthy people in the system to pay for the costs of older, unhealthy people. that's part of it. but yes, there's a political dimension to this. people like senator mary landreau, they call them the 2014ers, they are nervous. they're up for re-election and they're very nervous with the way this thing is playing out politically. jon: i'm sure we'll read more about it in "fortune" may go zone. thank you. jenna: right now another big story, new pressure on the white house to defend a controversial deal with iran to curb the nuclear program. this comes as drit i cans are pointing out the number of iran's nuclear process happened under the obama administration.

our chief washington correspondent is live with more on this. james? >> good arrive. chief criticism of the iran nuclear deal from left and right and from our allies in the mideast has been that it concedes to iran the right to enrich uranium. secretary state kerry justified that by saying the number of centrifuges here presented the west with a fait incomplete. >> 2003 when the iranians made an offer to the former administration with respect to their nuclear program, there were 164 centrifuges. that offer was not taken. subsequently sanctions came in and today, there are 19,000 centrifuges and growing. >> the secretary's concise history of the iranian nuclear program omits a lot. determining exactly when the regime crossed this or that

threshold is difficult. iran has hidden nuclear facilities for years at a time. let's accept kerry's assertion that a decade ago, iran had only 164 centrifuges. we know by late 2007, iran had ramped up to 3,000 centrifuges. let's figure by the time george w. bush left the white house a little more than a year later, iran not quite doubled the centrifuges and had 5,000 on hand in 2009. with 19,000 in place, that means the 5,000 when the bush-cheney era ended representing 25% of the total. >> great bulk of the enrichment program has taken place during president obama's watch, correct? >> i would have to check on the specific numbers. i think what we're focused on at

this point is the fact we're now at a point where we are halting and rolling back the progress of their program and we're working toward a comprehensive program to bring an end to it. >> we've wound up here because of what occurred in 2003 struck many as disengine with us. jenna: interesting look for us today. thank you. jon: president obama marked world aids day yesterday with a pledge, a full $5 billion to the global fund to fight aids all for research on the disease. that money, however, will only be donated if the international community can come up with another $10 billion as well. the president also announced that the national institutes of health will invest $100 million the next three years to launch an h.i.v. cure initiative. disturbing new information on the deadly train crash in new

york city. driver was going nearly three times the speed limit when he headed into a very sharp curve and that's not all. plus a new warning about those popular energy drinks. what researchers just discovered they can do to your heart. hey kevin...still eating chalk for heartburn? yeah... try new alka seltzer fruit chews. they work fast on heartburn and taste awesome. these are good. told ya! i'm feeling better already. [ male announcer ] new alka seltzer fruits chews. enjoy the relief!

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for bringing us together. find out why more than two million members count on angie's list. angie's list -- reviews you can trust. jon: new details emerging in this weekend's deadly train derailment in new york city. according to a new report, the train's engineer may have fallen asleep right before the crash. this comes as the train was travelling nearly three times the speed limit before it went flying off the tracks. chris milner is deputy editor of the railways magazine. he joins us live by phone from the u.k. chris, i always thought that trains were equipped with a sort

of deadman's switch so you had to be physically gripping something to keep the train energized. if you fell asleep, that would automatically slow the train down. is that not the case? >> good evening, jon. yes, that can be the case. in this instance, what the ntsb may be suggesting is that the driver suffered what we have experienced in the u.k. now, in a couple of accidents it's what's called a micro seat. the driver momentarily nods off but he still has his weight on the deadman's pedal or handle, depending on what type of train it is. jon: so it would have been possible, you're saying, for him to nod off and still be running that train at full speed. the thing was doing 82 miles an hour on the curve. the speed limit is supposed to be 70 miles an hour on the straightaway on 30 on the curve. >> that's correct. i mean, there are a number of

factors here. you know, how long before had he dropped off, the ntsb will look at the data recorder and see how, over what distance the train increased its speed. did the driver, for example, think he was going to penn station instead of ground central and that's why he didn't reduce speed and realized at the last minute? was the engineer distracted? there's a lot of serious, unanswered questions at the moment. jon: in the u.k., you've had horrific accidents that led to a change that would have presented this. is that the case? >> 1999 there was the crash outside of london that killed a large number of people when two trains collided head on. what we introduced after that was called train protection and warning system which was rolled out to major junctions and stations. it's a series of truck mounted

transponders that detect if a train is speeding. it will automatically apply the brakes. jon: i know that there is a system like that planned for trains in the united states. it is supposed to be implemented here by 2015 but a lot of the rail companies have been fighting it, haven't they? >> well, i've always personally thought that the speed at which safety has been introduced on u.s. railroads has been slower than in europe and the u.k. and as you say, the cloongress set e deadline of 2015 for most of the u.k. network and as far as i'm aware, it's only the new jersey transit people that have actually been started to install it in the new york area. jon: and this train was not a new jersey transit train. >> it wasn't. rick: all right. chris is deputy editor of the railway magazine in the u.s.

thank you for your expertise. >> thank you. jenna: the president trying to get as many healthy people as he can to sign up for obamacare. we'll tell you about why it can help your health but potentially hurt your wallet if you're considered one of the so-called invincibles. also a clash in the world of dance and now a sentence handed down in an acid attack that made global headlines. [ fishing rod casting line, marching band playing ] [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup

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jenna: new information on a story we've been following about a russian dancer accused of ordering an acid attack against one of the most famous ballet companies in the entire world. patti ann browne is in the new york city news room with more on this. >> that's ri russia's ballet is known for the cut throat competitiveness between dancers. since it was founded in 1777,

there have been dramatic stories of jealousy, bribery and worse and this is one of those. in january, the ballet's artistic director was nearly blinded in an acid attack. one of his dancers was found guilty of orchestrating that attack. he's seen here in the defendant's cage in court and today, he was sentenced to six years in prison. that's less than the nine requested by prosecutors. the man who carried out the attack, a former convict, got 10 years and the getaway driver will serve four. prior to the attack, he had argued bitterly for passing him over for the lead role in a performance. he was also angry that his dancer wife was passed over for a prominent role. he threatened the director saying that i will organize a new year for you that you will soon not forget. some day the director is not the only one to blame. other dancers say the toxic atmosphere of the ballet and the prevalence of bribes and

favoritism. the first american to join the company quit last month reportedly saying she was expected to pay $10,000 for a solo. as for the acid victim, the 43-year-old lost most of his sight in one eye and 20% in the other. he's undergone 20 operations so far. jenna: what a story. thank you. jon: president obama is trying hard to reach the invincibles, pushing younger, healthier adults to sign up for insurance on health care.gov but does it make financial sense for young people who rarely see a doctor to buy into obamacare. here's a look at this story. >> the question is, and everyone can relate to this if you look back far enough, when you were in your 20's, how often did you get sick and just pop an aspirin and a sudefed? many young invincibles, 18 to 34, choose not to buy insurance

because it doesn't make economic sense to them. faced with rent, a car payment, auto insurance, food, clothing, they would rather spend leftover money on travel, entertainment and beer than pay $100 to $200 for insurance for a policy that the average man or woman may not think that they need. >> a lot of people can't afford it the way it is these days. >> like six or seven of my friends are uninsured right now. >> some friends save money and some friends, it's a higher premium now. it's a mixture of results. >> statistics show the average uninsured male age 21 to 34 will see a physician as little as six times in a 14-year period. that's less than once every two years or those who are insured, the health data company says men will see a doctor less than twice a year. women about 3.6 times suggesting many young people don't see

health insurance as a necessity. >> literally, 80, 85% will just say no. pay the penalty and stay out of the affordable care act. there's a young tradition of the invincibles not buying insurance. those that did into insurance said if the premiums went up as much as 30%, they would drop it. >> how many young invincibles have signed up? administration is not releasing the numbers but of the six states that are keeping score, only 28%, slightly more than one in every four enrollees is young and healthy. below, the obamacare target of 40% and without them, subsidizing the old and expensive, taxpayers will have to kick in more money to make this program work. jon: pretty hard convincing the invincibles to go out and buy this then. william, thanks. jenna: i.r.s. taking center stage once again and in court this time over its ties to

obamacare. we'll tell you why some small business owners say the tax man is overreaching and why the doctor -- judge is hearing this case today. get your hot cocoa ready. we have your frosty forecast coming up.

jon: challenges to obamacare are not over. once again, it's in federal court. this time over an alleged power grab by the i.r.s.

some small business owners saying the i.r.s. are charging them huge fines if they can't pay their employees. shannon? >> the plaintiffs in this case which is here in federal court in washington today say that i.r.s. is doing an end run around congress using a federal regulation to go far beyond the plain text of the affordable care act. they say as it is drafted, the law only provides subsidies to people in states where the states themselves have set up exchanges. but not into states where the federal government is operating the exchange. this is a very important distinction because once a subsidy is activated in any particular state, that also then triggers employer obligations, including penalties up to $2,000 per employee for not providing insurance. these plaintiffs argue by extending subsidies to all of the states, even those without state exchanges, the i.r.s. is both violating the law and creating massive burdens for employers. >> basically, it's not as if the

i.r.s. is acting as a rogue agency here. i think what they're doing is deliberately by design and concert with the administration's intention. it's going to be costing -- it's going to be a huge undermining of the very notion of the rule of law. >> the government and its motion to dismiss this case argued the plaintiff's reading of the act is wrong. congress made clear an exchange stands in the shoes of an exchange the state chooses not to establish and the treasury department has reasonably interpreted the act to provide for eligibility for the premium tax credits for individuals in every state, regardless of which entity operates the exchange. by the way, government's motion to get this case dismissed was denied. today both sides are set to make their case around 2:00 eastern time. jon: let us know what happens. thanks. jenna: it is such an interesting case. we'll talk more about this with our legal panel. we have a criminal defense attorney and a former federal prosecutor.

shannon laid that out really great for us, easy to understand a complicated case. the question is whether or not if basically you are in a state that has not set up its own exchange, if the federal government works instead of that and you can still get your subsidies, the big question in the wording. those enrolled through an exchange established by this state gets a subsidy. that's what the word says. do they have a case? >> do they have a case? i'm going to tell you something. this case could be a slam dunk. it's very simple. when you talk about interpreting a statute, jenna, the words of the statute control and the words of the statute define in exchange set up by a state and they authorize subsidies as defined in the statute. this is the irony of this. law presumes that congress knew what they were doing when they passed a statute. that's the end of the conversation.

jenna: but as shannon pointed out, what the government is saying is we all know what the law meant. it meant to say that if the state instead of the exchange, then the federal government's exchange fits in the shoes of where that state exchange was supposed to be. >> the law itself says that the federal government can set up exchanges in instances where the state stung. both state and federal exchanges must provide or report data about the credits or subsidies. so the legal argument is really quite simple on the other side of it which is that if you look at the statute as a whole and you look behind what appears to be a drafting mistake as against the other sections, then it's not quite as clear as my learned colleague makes it. jenna: that's the question, fred. "the washington post" actually laid this out simply. we have to remember when the law was drafted, there were no exchanges so the law was drafted and the exchanges were supposed to be set up so "the washington post" says, listen. maybe there was a missed word or

it was intentional because the federal government wanted the states to set up their own exchanges and the subsidies was the carrot that they were dangling for the states to set it up. therefore, it was intentional. >> right. well, look. first of all, doug is doing a good job, making the best argument you can make if you're on his side but this cuts everything that you just said, cuts against the i.r.s.'s position. when they wrote the section of the law that indicated who was going to get the subsidies, they specifically did not include the federal exchanges. and at the end of the day, even if it was a mistake, a typo as my learned colleague tries to say, it's too bad because mistakes are drawn against the drafters under our law system which has worked for 30 years, up until the last eight months. jenna: so what would it mean, doug, if you're in a state that

did not set up their own exchange as you're working through the federal government website? what's the effect, potential effect? >> it's very simple. either the judge is going to say as fred suggests that if you look at this section 1321, it only applies to exchanges set up by a state or the judge is going to rule, look. the intent of the law -- and by the way, this goes to the core of legal methodology which is the whole concept of meaning of the word, strict texturalism versus the intent of the drafters. this judge may look at what the legislative discussions were when the law was formulated and then guess what? we're going to solve this big mystery as to whether it was a mistake or it was intentional. >> the law has always been, if that's what they meant, then that's what they should have said and that's not what they say. jenna: if that was the case, would it go back to congress, fred, to fix the wording and would congress have to agree on

the wording to get the -- i mean, i know, congress agree, right? maybe that's the joke. >> that's what i'm laughing about. jenna: would that happen again for those states to get subsidies? >> yes. that's what would have to happen. this is what happens when you ram a bill through with no back and forth, bipartisan support. ultimately because of the mistakes made, the irony is that the real, legitimate, lawful fix for this would be to send the law back to congress and tell them to fix it. >> then you get into the separate seminar about, you know, legislating from the bench. critics would say that is legislating from the bench but those on the ear side would say, no, it isn't. it's interpreting the statute. jenna: this is a very interesting seminar. i'm not sure i'm ready for the next one. before i let you go, what do you think is going to happen then? this is an interesting challenge. real quickly, freld, and then you, doug, what do you think is the end result here and what is the impact? >> doug and i have about 60

years of experience between the two of us and both of us said thrnd -- this should be a no brainer. the lawlessness has to stop which should happen as it should be upheld as written and the i.r.s. has overstepped their bounds. >> i'll leave you with a sad commentary, if this was a case not involving something that everybody is looking at closely, then perhaps i would think it would come out the way fred is suggesting. since it is a hot potato, i'm not sure and i think the courts may support it. we'll see. >> and that's the problem. jenna: it's a really big part of this law for so many reasons, including of course, obligating employers to do certain things. thank you so much. >> thanks for having me. >> my pleasure. jon: now the fox news extreme weather alert. a nasty winter storm slamming parts of the west and northern plains right now. this powerful storm system is expected to dump as much as two feet of snow over the next few

days followed by a huge blast of very cold air. janice dean is live in the fox news weather center with more. >> can i make a prediction? other than the weather, you're going to be booking a trip to the colorado rockies after this storm system moves through. two feet of snow around the aspen area. incredible for the skiers. let's take a look at it. here is where we're seeing the snow. it's widespread, winter weather advisories posted for over a dozen states here and in some cases, over a foot to two feet of snow in and around john's beloved colorado rockies. we'll continue to monitor that. the other side of this, as jon mentioned, the temperatures, we're going to see the coldest air of the season in a lot of these areas and it's going to last for days. so not only cold but dangerous wind chills over the next several days for the northern plains. so there's jon's beloved denver, colorado. 55 today. snow starts tonight and man, we

drop like 50 degrees within the next 12 to 24 hours. right? blink and it changes in denver, colorado. there are the forecast highs today. you can see the cold air sinking across the rockies. ahead of it, very warm air for the south but look at this, heading into thursday, friday, single digits. these are forecast highs so jon and jenna, wind chills will be dangerous. people urged to stay indoors. jon: a lot of snow for parts of the country, too. >> are you booking that flight? jon: i am right now. thank you. jenna: a new push could allow colorado residents to smoke marijuana completely out in the open. why that's happening now. and coming up, we're going to tell you about a group of mystery restaurant patrons getting national attention for leaving behind some huge tips in the name of jesus.

vo: it's that time of year again. medicare open enrollment. time to compare plans and costs. you don't have to make changes. buit never hurts to see if u can find bettoverage, save money, or both.

and check out the preventive benefits you get after the health care la open enrollment ends december 7th. so now's the time. visit medicare.gov or call 1-800-medicare jenna: heated debate in colorado. lawmakers are now considering a new controversial bill that could give marijuana smokers a lot more freedom. here is more on this. >> hi, yes. this is a law that would impact denver residents only and a final vote is needed by the city council and if it passes, and that is the expectation, then that would mean that the people who live in this city could smoke pot on their front porch, in their backyard, anywhere on their property if they choose. and it doesn't matter who can see them. that means folks walking by, that means people with children.

it really wouldn't matter. the city council members here made a surprise move last night deciding to reverse course on banning marijuana where other people could see. they lobbied to loosen the rules. denver's police chief, robert white, even said the ban would be difficult for officers to enforce and it would be the defendant's lowest priority. one council member said that because the people of colorado passed amendment 64 which made recreational pat legal here, it would be against the will of the people to ban it. >> i also at the same time don't think that it should be wrong for somebody to use on their own property. >> city council put the marijuana industry and marijuana interests above that of the community and our kids. >> again, the final vote is expected next week and it is expected to pass. the only amendment would be a proposal that's on the table

right now that would ban smoking, about 1,000 feet from schools. recreational pot goes on sale here next month. so watch out. back to you. jenna: i'll tell that to jon when he goes out there for ski season. >> which is coming really soon. jenna: thank you. she said real soon, jon. jon: i like a natural rocky mountain high. that's right. waiters and waitresses working for low pay, getting really big tips. an anonymous person or maybe group of christians calling themselves tips for jesus, leaving unsuspecting servers hundreds, sometimes thousands of dollars in grat uities in restaurants between california and utah examine -- and the people who need it most are very thankful. >> server came up to me and said somebody left me $1,000. servers are sometimes underappreciated in the business. you know, looked down upon so

for them to get something nice, especially right before the holiday season, is a really good thing. jon: the tips for jesus folks say they're trying to show true christian generosity in response to a pastor who said i give god 10%. why should i give you 18%? instagram account, servers can pose images of their checks, tip he weres -- tippers later this week. jenna: you can tweet us and let us know what you think about either of those tippers. the one that gave 10% or the one giving $1,000. interesting. jon: generous. jenna: very generous. we're waiting the president who is set to speak at the white house on obamacare, trying to resell his health care law to the american people. that's what the reports say. we'll hear from the president shortly and speaking of health, new research revealing what the

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noim right now new concerns that the popular energy drinks may pose serious risks to your heart. the beverages can cause a serious increase in heart contraction rates within an hour of drinking them. this comes weeks after another study linked energy drinks to negative effects on blood pressure. dr. campbell is a practicing cardiologist at the university of north carolina. he's the guy to talk to about this. dr. campbell, let me ask you about the heart contractions. are they the same thing as just

a regular heart beat? >> you know, we know these energy drinks can produce elevated heart rate, elevated blood pressure, but in this study that you referenced with the m.r.i. that was just presented, it showed the way in which the heart contracts increases. there's increase the strain on the wall of the pumping chamber of the heart and this is in young people, 45 minutes after their first energy drink. jenna: what's the risk of that? >> so we believe that these energy drinks can -- in people predisposed for heart rhythm disorder can precipitate the heart rhythm disorder that can be deadly and also in some people who have some blockages in the heart, it could ininduce a heart attack or stroke. we know there's very little health benefit to these drinks and none of the things that they tout as beneficial has ever been proven in clinical trials. jenna: what about coffee in the morning? can that rush of caffeine make your heart race?

are there other things that produce heart contractions that are just or as similarly dangerous as the energy drinks or is it just the energy drinks that we're really seeing this? >> i think it's more the content of caffeine in the energy drinks. believe it or not, there is over three times as much caffeine in one energy drink as there is in a cup of coffee so imagine getting a quad espresso and having that with, you know, your red bull or energy drink and that's what you're getting. that's probably what we're seeing the effects from. jenna: i couldn't take that. i know you're into cross fit, you like to work out and everybody needs a little boost. you can understand how folks turn to energy drinks. they're easy to grab. what's your advice as a doctor to folks that like the energy drinks, that helps keep them up at night or they're on the road? what about that? >> i would be very, very cautious. i think that certainly you need to see your physician, make sure you don't suffer from high blood pressure or heart disease. you also want to make sure that if you have one, only have one

all day long because again, you're getting high, high doses of caffeine. in fact, there was a report of a 14-year-old child who actually died because she had two of these energy drinks, one behind the other, and had a heart a rhythmia. jenna: and her parents didn't know she had the condition with the heart and she had energy drinks and it brought it on. it's an interesting story, one we're going to continue to follow. thank you so much for your time >> thank you for having me, jenna. jon: check this out from a wild animal. that is not my stomach growling. jenna: is sounds similar, yeah. jon: this is the sound that had experts scratching their heads, wondering how this animal could even make this noise. now they have found the answer. we will tell you the animal and the mystery sound that has finally been solved. ♪

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before the break, we asked you what animal is making this low sound? listen. >> this doesn't sound like an animal. >> that is the actual noise. the drum roll. it is a kuala. researchers were stumped wondering how an creature like

that can make such a low sound. they have an extra voke will cord so they can make the music. >> i know another animal that makes a similar sound to that. >> it is a good a. (inaudible) >> you know, it is the same but different. >> a moment of levity and lives on and on and on. >> a impression live on national television. it is one of your crowning moments. >> my kids loved it when they were younger and now just embarrasses them. >> i like it, you and the kuala. >> and nothing more today. thank you for joining us. >> thanks, everybody. hope you are off to a great day,

bill and ally are off next. >> thank you, guys. nicely done. and fox news alert. full court press now to resale obama care. the president launching a new campaign. >> i am alisyn camerota. 90 minutes from now, the president will speak about the good things that are in the affordable care act and this pr push will be first of many from the white house. byron york is a fox news contributor. hi, byron? what will the president say to convince americans about obama care. >> we didn't know there would be a obama care damage sales come pain. look for the president to declare victory on the website. there could be a now problems